□ Southern District of Texas ENTERED September 19, 202° UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION GREGORY JAMES SHELTON, § § Petitioner, § § § CIVIL ACTION NO. 2:23-CV-00051 § BOBBY LUMPKIN., § § Respondent. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (‘“M&R”). (D.E. 12). The M&R recommends that the Court grant Respondent’s motion to dismiss, (D.E. 11), and dismiss Petitioner’s 28 U.S.C.§ 2254 petition, (D.E. 1). (D.E. 12, p. 8). The M&R further recommends that any request for a certificate of appealability be denied. Jd. at 8—9. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp.,

, 743-44 (S.D. Tex. 2021) (Eskridge, J.). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is 1/2

not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D-E. 12). Accordingly, the Court GRANTS Respondent’s motions to dismiss. (D.E. 11). Petitioner’s § 2254 petition is DISMISSED with prejudice. (D.E. 1). A Certificate of Appealability is DENIED. A final judgment will be entered separately. SO ORDERED. □ | DA MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas September 19, 2023

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